dismissed H-1B

dismissed H-1B Case: Gem Imports And Sales

📅 Date unknown 👤 Company 📂 Gem Imports And Sales

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proposed marketing manager position qualifies as a specialty occupation. The AAO determined, based on the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for marketing manager positions, which are often filled by promoting experienced staff. The petitioner also failed to show that a degree requirement is common in the industry for parallel positions.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: Gem Imports And Sales

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Decision Summary

Criteria Discussed

Related Decisions

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